Spinal Cord Injuries Attorney

Spinal Cord Injuries Attorney: How Do Workers’ Comp Settlement Work? What You Need To Know.

Workers’ comp settlement can be a simple and straightforward matter – or a stressful court battle whereby you’ll need an experienced and reputable spinal cord injuries attorney Atlanta to fight for you to get the compensation that you deserve. Read on to learn what is involved, how settlements are calculated, and ways to reach an agreement.

How Workers’ Comp Settlements Are Reached

If a worker is fully recovered and back to work with no outstanding bills or unpaid benefits, the claim can simply be closed.

In many states, closing a claim involves a settlement negotiated between the insurer and the injured worker, often through his/her workers’ compensation attorney. (And if the parties can’t reach an agreement, a judge will need to decide after a hearing.)

The settlement process typically begins with an offer from the insurance company and employer. This may include payment for unpaid benefits or medical bills, as well as costs of future treatment. If an injury leaves a worker permanently impaired, he/she may also be entitled to a disability award to compensate him/her.

A work-related injury settlement can be either a lump sum or a structured payment plan:

  • Lump-sum payment – The injured employee receives a one-time payment for all medical costs and benefits under the claim. Depending on the state, the injured worker may have to agree not to seek any future reimbursement for the injury.
  • Structured payment – The injured employee will receive regular payments over a specified period. They may include a separate medical account to pay for future medical care.

Before a settlement is reached, you and your attorney calculate what you think the workers’ comp payout should be. It should be enough to cover previous medical bills and the costs of any future medical care. The settlement should factor in:

  • Balances on medical bills, including ambulance rides
  • The likelihood of future treatments, such as physical therapy or surgery
  • Lost wages or future wage loss
  • Temporary or permanent disability payments
  • Attorney fees
  • State workers’ comp laws and limitations

Once the calculation is finalized, your spinal cord injuries attorney Atlanta will negotiate with the insurance company. Typically, the final settlement is a compromise between the two parties.

In some states, a judge must review the proposed settlement before it is finalized. The judge will consider whether it is fair to the employee, but it is always helpful for you to have an experienced workers’ comp lawyer to protect your interests.

Your role is minimal during settlement negotiations if you have an attorney to represent you and negotiate on your behalf. But, still, keep the lines of communication open and stay updated on progress.

Settlements may take weeks or months to hammer out. During this time, be sure you know your return-to-work options. Injured workers who’re kept informed and know their options are less likely to sue.

If the insurer and your attorney can’t reach a settlement, then the matter will likely head to court for a hearing. And that can be a bit of a gamble for both sides. It will now be upon the court to decide which benefits you deserve based on the merits of your case.

Denied Workers Compensation Claims

Learn about some of the common reasons for denials of workers’ compensation claims – and what you can do about it.

If you were injured on the job or developed a medical condition because of your work—such as lung disease from exposure to toxic chemicals or a cumulative trauma like a repetitive strain injury (RSI)—you are no doubt hoping to be eligible for workers’ compensation benefits.

But what can you do if your claim has been denied? The answer could depend on the reasons for the denial.

Common Reasons for Denial of Workers’ Comp Claims

Sometimes, employers or their insurance companies often look for any possible reason to deny workers’ comp claims. Of course, that reason should be a valid one under the law. There are several common reasons for claim denials, including:

  • Missed deadlines  To receive workers’ comp benefits, you should report your injury or illness to your employer right away. After that, you generally need to file a workers’ comp claim with the state agency (although in some states, your employer or the insurance company will take care of this step after you have notified them of your injury). States have different time limits for reporting injuries and filing claims. For instance, Georgia law requires injured workers to notify their employer within 30 days of the date of injury. If you miss the deadlines, your claim will probably be denied. In some states, you will not be penalized for missing the reporting deadline (by not giving your employer written notice of the injury), as long as your supervisor actually knew that it happened. Still, your claim must be filed in time.
  • Disputes about whether the injury is work-related – Your employer may say that you weren’t working when you were injured, that you were involved in some kind of misconduct at the time, or that your current medical condition isn’t actually a result of a workplace accident or exposure. Whatever the reason for the dispute over whether your injury or illness is work-related, you’ll need to gather evidence to support your claim and hire an experienced, reputable, and dedicated spinal cord injuries attorney Atlanta to help you build a strong case. Maybe you need witness accounts about the circumstances of the accident. Or you may need more medical evidence. If your treating doctor has already attributed your condition to your work, but the insurance company disagrees, you may need to attend an independent medical examination to get another doctor’s opinion.
  • Your condition doesn’t meet state guidelines – The law in your state may have special restrictions on workers’ comp claims for cumulative trauma or psychological conditions. Some states rule out workers’ comp benefits for illnesses caused by long-term emotional stress at work. Or your injuries might not be severe enough to meet the requirements for a workers’ comp claim in your state.
  • You filed the claim after you left your job – Insurers usually deny claims that were filed after the employee was fired, laid off, or quit. But you might have had a good reason for the delay. Maybe you reported the injury while you were still at the job, or you were injured in the period after you gave (or were given) notice but before your last day. Or maybe you were fired in retaliation for reporting a workplace injury (which is illegal). Some states have special rules for workers’ comp claims filed after you left your job. If you qualify for one of the exceptions in your state’s law, you may be able to contest the denial.

What to Do When Your Workers’ Comp Claim Is Denied

You shouldn’t give up your right to workers’ comp benefits just because your claim was initially denied. First, look closely at the letter telling you that your claim was denied. It will probably include the reasons for the denial.

If you think it was simply a matter of mistaken paperwork or something similar, you might consider contacting the claims adjuster to see if you can clear up the issue. But this route isn’t likely to be successful unless your employer or the insurance company made a bona fide mistake and admits it. More likely, you will have to consider appealing the denial.

Appealing a Workers’ Comp Claim Denial

The letter you received may include information about how to appeal the denial of your claim. If so, read it carefully. The appeals process varies in each state. Often, the first level of appeal will be at a hearing before an administrative law judge, where you will have to present medical and other evidence to support your claim. The hearing can be through a state labor department or a state board of workers’ compensation. There are additional levels of appeal beyond the initial administrative levels as well, which vary depending on the state.

When You Need a Lawyer

Unless your claim was denied due to a simple mistake that was immediately cleared up, it would be smart to reach out to a workers’ comp lawyer as soon as possible. An attorney can help you determine whether an appeal would be the best course of action for you. The timelines for workers’ comp appeals are short and strict, and you don’t want to lose your rights to benefits just because you missed a deadline.

Before you consider filing an appeal yourself, you should definitely talk to a spinal cord injuries attorney Atlanta. Appeals are complicated legal processes, involving rules of evidence and civil procedure that the judge will expect you to know. If you don’t win at the initial levels, you may not be able to present additional evidence later in the process.

One of the reasons that many injured employees lose their appeals is because they didn’t have an experienced workers’ compensation attorney at their side to help them prepare a strong case. Also, most workers’ comp lawyers charge only a percentage of the benefits you receive, so it won’t cost you anything unless you win.

Spinal Cord Injuries Attorney

If you were injured at work and want to file a claim for workers’ compensation benefits, or perhaps your claim was denied and you want to appeal, contact Bobe & Snell Law Office LLC to speak to one of our experienced workers’ comp attorneys and find out how we will help you.

Call us today at (470) 268-5802 or get in touch with us online for a free, no-obligation consultation/case review.

Spinal Cord Injuries Attorney

Spinal Cord Injuries Attorney

 

The Georgia employer and/or company responsible for handling workers’ compensation claims will investigate on-the-job accidents and injuries. Call us today at (470) 268-5802 Our attorney will help you navigate the Atlanta workers compensation claims process, guiding and helping every step of the way to ensure you get everything right.

To be eligible for workers’ compensation benefits in Atlanta, an employee must be injured in an accident that: Arises out of the employment, and Arises in the course of employment. Call us today at (470) 268-5802 or fill out our online contact form to schedule a free, no-obligation consultation and case review.

Filing a workers’ compensation claim in Georgia is relatively easy. However, what can be challenging is understanding the entire workers’ compensation system process, getting the initial form processed, and not letting any details slip through the cracks. Call us today at (470) 268-5802 Our attorney will help you navigate the Atlanta workers compensation claims process,

Under Georgia law, nearly all businesses with 3 or more employees must carry workers’ compensation insurance coverage. Certain types of employment, such as railroad carriers, independent contractors, farm laborers, and domestic servants, are exempt. Call us today at (470) 268-5802 We are happy and more than ready to fight hard for you to ensure you get the justice.

Workers Compensation Claims Process

Injured at work? If you have suffered an injury at your workplace, you may be entitled to workers’ compensation depending on the facts of the case and the laws in your state. You may be entitled to benefits under Georgia Workers Compensation Act. However, some employees assume that the workers compensation claims process Atlanta is straightforward just because it’s stipulated by state and federal laws. It is a big mistake to make such an assumption!

When seeking compensation for a work-related injury, you should be careful with what you do and say so that you don’t jeopardize your claim. Insurance companies are in business and they want to grow their profits. Therefore, they will do everything they can to protect their interests to reject claims or pay as little compensation as possible.

Insurance companies will fight hard to pay out the smallest amount possible – or nothing at all – in claims. Their insurance adjuster and attorneys will be out to look for any mistakes and try their best to poke holes in your workers’ comp case so that your claim is denied or you’re paid a low settlement.

It just goes to show that insurance companies and their adjusters and attorneys won’t act in your best interest. You will need a workers’ comp attorney to represent you and look out for your best interest.

Filing A Workers Compensation Claim in Georgia

Filing a workers’ compensation claim in Georgia is relatively easy. However, what can be challenging is understanding the entire workers’ compensation system process, getting the initial form processed, and not letting any details slip through the cracks.

Without a lawyer by your side, it can also be difficult to maximize your workers’ compensation claim or even get a fair settlement for that matter.

The parties involved in the workers compensation claim process Atlanta, include the injured employee, the employer, and the insurance company, and they all have different roles to play in the process.

But, ideally, the process starts with the injured employee who reports his/her injury to their supervisor immediately after the accident before seeking medical treatment from one of the six employer-provided doctors.

Under the Georgia workers’ compensation law, an injured employee must report his/her injury to the employer within 30 days of the date of the accident. Also, the one-year statute of limitations gives employees one year from the date of the injury to file a claim provided they met the 30-day stipulation of informing the employer about their injury.

Even if you feel that you haven’t suffered a serious injury, remember timing is of the essence when it comes to the 30-day limit for reporting injuries in workplaces. On some occasions, you might suffer what seems like a muscle pull or minor cut, and not feel it is worth the effort to report it to your supervisor and seek immediate treatment.

But over time, that seemingly minor cut could get infected or the muscle pull might become more severe. Perhaps several weeks after the incident, you might need serious treatment.

Therefore, it is important to report your injury to a supervisor right away. Get it on record that could need medical attention. That simple act could save you lots of frustration and aggravation.

Employer’s Responsibility in Workers’ Compensation Claims

The Georgia employer and/or company responsible for handling workers’ compensation claims will investigate on-the-job accidents and injuries. The investigations are necessary to determine where, how, and why the injury occurred, then to possibly implement policies and procedures, and safety measures that will make for a safer working environment.

Workers’ compensation will not provide benefits for an injury or accident resulting from an employee’s willful misconduct (defined as fighting, horseplay, willful act of the third party for personal reasons, or injuries related to alcohol or drug abuse).

An injury that occurs due to haste or inattentiveness will generally be covered. However, the employee might be subject to company discipline if they were not following company policies or safety rules and protocols.

Immediately upon knowledge of a workplace injury, the employer must file a report with its insurance carrier or self-insurer’s claims office. If the injured employee misses work more than seven days due to the injury, the employer must inform the State Board of Workers’ Compensation within 21 days of that disability.

Georgia employers are required to have workers’ compensation insurance coverage. Employees can report a suspicion of fraud and non-compliance to the Board’s Enforcement Division at (404) 657-7285.

So far you can see that the workers compensation claims process Atlanta involves a lot of crucial steps and details that must be handled carefully and diligently. It underscores the need to have an experienced workers’ comp attorney help and guide you every step of the way.

Insurance Carrier’s Responsibility

The insurance carrier, which will conduct its own investigation, will file a First Report of Injury with the State Board of Workers’ Compensation. Copies of the report will be mailed to the employee and employer.

The insurance carrier is also obligated to mail a brochure to the injured employee that explains the rights, benefits, and procedures for obtaining benefits.

The insurance carrier will require all written statements and accident reports, along with the names of all witnesses and the employee’s payroll records for 13 weeks before the injury.

Deadlines for Georgia Workers Comp Claims

Here is a review of the deadlines you must meet to avoid any snags:

  • Deadlines for Notifying Employers – Immediately is best. But under Georgia law, you have 30 days to report the injury after you have been hurt on the job. In some cases, just telling your supervisor or having a supervisor witness the accident without verbal confirmation could be deemed enough. Sometimes the timing might seem hard to define because some work-related injuries are not due to a specific accident but occur from overuse or repetitive activities. But to be safe, it is best to inform a supervisor immediately after you are injured. It is also best to do it in writing.
  • Deadlines for Filing Claim – In Georgia, if the employer has taken no action to provide the injured worker with either medical treatment or benefits, the worker has up to one year to file a notice with the State Board of Workers’ Compensation (SBWC) about their claim. It requires a specific WC-14 form. That same form can be filed within one year from the last medical treatment paid for by the workers’ compensation insurance carrier (and not your health insurance). The WC-14 is accepted within two years of the injury if you have received some lost wages, but are still seeking money because you cannot work, have work restrictions, or are earning less due to the injury.
  • Deadlines for Occupational Diseases – You generally have one year after the date that you knew (or should have reasonably known) of the disease and how it was caused by your job. With few exceptions (notably asbestosis or mesothelioma), you cannot file a claim more than seven years after your last exposure to the work hazard.

Eligibility for Workers’ Comp in Georgia

Nearly every employer in the state of Georgia is required to provide employees with workers’ compensation insurance. Under Georgia law, any business with three or more workers (including regular part-time workers) must have the insurance, and coverage begins on the employee’s first day of work.

There are some exceptions to coverage requirements, including U.S. Government agencies, railroad carriers, farm laborers, and domestic servants.

Want to check on your workplace? Coverage can be verified by going to www.sbwc.georgia.gov and clicking on “Verify Workers’ Compensation Coverage”.

Injured At Work? Contact Us Today

If you have been injured at work and want to file a workers’ compensation claim, our experienced, reliable, and dedicated workers’ compensation attorneys at Bobe & Snell Law Office LLC can help you.

Workers Compensation Claims Process

Our attorney will help you navigate the Atlanta workers compensation claims process, guiding and helping every step of the way to ensure you get everything right, thus increasing your chances of getting the compensation that you deserve.

Call us today at (470) 268-5802 or contact us online to schedule a free, no-obligation consultation and case review.

Workers Compensation Claims Process

Workers Compensation Claims Process

 

Auto Accident Lawyer No Injury

Auto Accident Lawyer No Injury: Injured in A Work-Related Auto Accident? We Can Help.

When you have been hurt in a car accident, it is easy to get caught up in the day-to-day stress of trying to get your life back on track. You’re juggling doctor visits, arranging for rides, figuring out how long you will be out of work, and struggling to make ends meet. The stress and frustration can quickly become overwhelming. That is why we, at Bobe & Snell Law Office LLC, understand that auto accident victims go through a lot, and we are here to help. If you have been injured in a car crash, our experienced, reliable, and dedicated auto accident lawyer no injury Atlanta can help you file a claim to seek compensation for the damages you have suffered. We will fight hard to ensure the at-fault party is held responsible and you get the justice and compensation that you deserve. Contact us today at (470) 268-5802 for a Free, No-Obligation Case Review.

What to Do After a Work-Related Car Accident in Atlanta

There are certain steps you should take following an off-work car accident. But what happens if a car accident occurs while you are on the job?

In Georgia, nearly half of all occupational injuries are the result of transportation accidents. Fortunately, workers injured while driving on the job may be able to receive workers’ compensation benefits.

However, workers need to take certain steps following a motor vehicle accident to put themselves in a better position to receive compensation. Keep in mind that on-the-job car accident cases/claims can be complex to resolve.

Georgia’s Workers’ Compensation Act

Workers’ compensation coverage is accident insurance paid by the employer which provides benefits that cater for the medical expenses and lost wages of the employees who are injured while on the job.

Under Georgia law, nearly all businesses with 3 or more employees must carry workers’ compensation insurance coverage. Certain types of employment, such as railroad carriers, independent contractors, farm laborers, and domestic servants, are exempt.

Workers who are eligible for workers compensation benefits may receive:

  • Medical benefits (medical bills related to the injury)
  • Disability benefits (lost wages)
  • Mileage reimbursement
  • Vocational rehabilitation
  • Death benefits

What If You’re Injured While Driving?

To be eligible for workers’ compensation benefits in Atlanta, an employee must be injured in an accident that:

  1. Arises out of the employment, and
  2. Arises in the course of employment.

The term “arises out of the employment” simply means that there is a connection between the work required to be performed and the resulting injury. For example, if you injure your neck in a truck accident while delivering goods for your employer, your injury arose out of your employment.

On the other hand, if you have a heart attack while delivering goods for your employer, your injury did not arise out of your employment. Rather, your injury was caused by something that would have occurred apart from your employment.

The term “arises in the course of employment” simply means that the injury occurs:

  • Within the period of employment,
  • At a place where the employee may reasonably be in the performance of their duties, and
  • While the employee is fulfilling those duties or engaged in something connected with those duties.

For example, if you are transporting goods for your employer and you are injured in an auto accident, your injury “arises in the course of employment.” Similarly, if you are injured while driving in the parking lot of a gas station, the injury is likely covered because getting gas is “connected” to your work duties.

On the other hand, if you are transporting goods for your employer and take an unscheduled detour to your house to pick up your phone, any accident you are involved in on the way to your house is unlikely to be covered.

As you can see, on-the-job auto accidents can be quite complex and some things can easily jeopardize your claim. Therefore, you will need a very good and experienced Atlanta auto accident lawyer no injury to help you to get every detail right, and more importantly, build a strong case and offer compelling legal arguments and representation. That way, you will stand a good chance of getting a fair settlement.

What Steps Should You Take After A Work-Related Auto Accident?

Immediately following a work-related motor vehicle accident, there are certain crucial steps (some obvious, some not so obvious) that you should take to increase your chances of filing a successful claim to receive workers’ compensation benefits.

Step 1: Seek Emergency Medical Treatment If Necessary

Your health should be your top priority. If you are injured in a motor vehicle accident, call 911 or ask someone else to do it.

If you are worried about the fact that you have not filed a workers’ compensation claim yet, don’t be. Assuming your workers’ compensation claim is ultimately approved, the insurance will cover injury-related medical expenses incurred before you filed your claim.

Step 2: Call the Police

Even if the car accident appears minor, call the police. The police account will become part of the record and a police report will help bolster your workers’ compensation claim.

Step 3: Gather Information

If it is safe to do so, gather as much information about the accident as you can. This should include:

  • Photographs of the scene and any damages
  • Contact information for the other driver(s) involved in the accident
  • Contact information for any witnesses to the accident or the aftermath

This information along with the evidence which your Atlanta auto accident lawyer no injury will gather after conducting further investigations will be vital for building a strong case for you so that you stand a good chance of getting the compensation that you deserve.

Step 4: Report the Accident to Your Employer

Report the car accident to your employer (boss, supervisor, or foreman) as soon as possible; though we highly recommend you do it immediately. In Georgia, you risk voiding your claim and losing benefits if you wait longer than 30 days before notifying your employer.

Step 5: Ensure You Follow Company Policies for Reporting Accidents

Most companies (especially commercial trucking companies) have certain policies that must be followed after an accident. Though you may be distracted with your workers’ compensation claim, be sure to follow your work protocol.

Step 6: Consult With Physicians Specified By Your Employer

Your employer is required to post information identifying approved medical care providers. Find this information (or ask your employer for it) and make an appointment to be examined.

It is important to consult with a doctor even if you don’t think you are injured, as some symptoms don’t show up for days or even weeks after the injury.

Step 7: File Your Workers’ Compensation Claim

In Georgia, you must obtain and file a WC-14 from the State Board of Workers’ Compensation. This must be done within 1 year of the accident.

Step 8: Keep Track of All Medical Expenses

To ensure you are adequately compensated for all of your injuries, it is important to keep meticulous records following your work-related car accident. Be sure to keep copies of all your medical records and keep a pain journal to document the effect of the injury on your daily life.

Step 9: Follow All Treatment Plans

Be sure to follow your doctor’s instructions and advice. If you fail to do so, you risk losing some or all of your benefits.

Step 10: Contact an Experienced Workers’ Compensation Attorney

If you are feeling overwhelmed at any point throughout this process, or if you simply want to make sure you get all the benefits you deserve, contact an experienced workers’ compensation attorney.

Injured in A Work-Related Auto Accident? Contact Us Today

If you have been injured in a car accident while on the job, you may be entitled to workers’ compensation benefits. An Atlanta auto accident lawyer no injury at Bobe & Snell Law Office LLC can help you file a claim to seek compensation for your injuries.

Auto Accident Lawyer No Injury

We are happy and more than ready to fight hard for you to ensure you get the justice and compensation benefits that you deserve following your work-related car accident.

Call us today at (470) 268-5802 or fill out our online contact form to schedule a free, no-obligation consultation and case review.

Auto Accident Lawyer

Auto Accident Lawyer No Injury

 

If you intend to file a claim to recover damages following an auto accident, keep in mind that you may have to enter into negotiations with the insurance company to try to agree on a settlement. Bobe & Snell Law Office LLC today. Call us now at (470) 268-5802 If you need a reliable, dedicated, and experienced attorney to represent you.

Atlanta Car Accident Settlement Attorney

Atlanta Car Accident Settlement Attorney: Negotiating and Maximizing Car Accident Settlement.

A car accident can occur at any time. It is a sudden, unfortunate incident that can happen to anyone – whether a driver, passenger, or pedestrian – on the road. So, you never know when you might get involved in an accident. Dealing with the aftermath of a car accident is not easy! If you’re injured in an auto accident, you need to look for an Atlanta car accident settlement attorney to help you file a claim/lawsuit to pursue compensation for your injuries and damages.

You should understand your goals and prepare well for your car accident settlement negotiation so that you increase your chances of getting the best out of your compensation claim.

Negotiating with the Insurance company

If you intend to file a claim to recover damages following an auto accident, keep in mind that you may have to enter into negotiations with the insurance company to try to agree on a settlement. (Note: Even if you have gone a step further to file a personal injury lawsuit in court against the liable party or parties, there is still room for settlement negotiations that could lead to an out-of-court resolution of your case at any time.) The settlement process usually begins after you or your attorney sends a demand letter to the insurance company.

If you or your Atlanta car accident settlement attorney has reached out to the insurance company and submitted a well-drafted, organized, and precise demand letter together with proper supporting documents, only a few phone calls with an insurance claims adjuster might be enough to reach a settlement during the negotiation process.

However, there is a bigger picture, and this is how it typically looks: you (or your lawyer) and the insurance adjuster will identify the strengths and weaknesses of your claim whether through written correspondence or more informally.

The claims adjuster will either accept or reject the offer or make a counteroffer. This adjuster (also called an appraiser, investigator, or examiner) is the one to determine whether an insurance company should pay a claim or not and, if so, how much.

The Settlement offer

Then, after evaluating your claim, the adjuster will come back to you with a settlement offer of an amount often significantly less than what you asked for in your demand letter.

If you are making a compensation claim following a car accident, at some point you need to consider the amount you would be willing to accept to settle your claim (most car accident cases end up settling before trial).

You’ll make a counteroffer of a figure higher than the adjuster’s offer but lower than your original amount. Oftentimes, there’ll be a lot of back and forth between you (or your Atlanta car accident settlement attorney) and the insurance company regarding the value of your claim, until an agreement is reached.

Typically, after two or three phone calls you are likely to agree on a settlement figure somewhere in between.

Let’s now look at how you can position yourself to get the best settlement of your claim.

Determine Your Settlement Amount

How much should you settle for? If you are pursuing a personal injury claim following a car accident, the first thing you should do, before you can start negotiating a settlement, is to put your value on the claim.

As part of putting together your demand letter, you should have determined what you believe your claim is worth. You can’t negotiate until you know how much money you’re looking for.

Within that figure, and before you speak to a claim’s adjuster about your claim, decide on a minimum settlement amount that you’ll accept. The figure is for your information and goals – so you can keep your bottom line in mind when under the pressures of negotiating – but it isn’t something you want to reveal to the adjuster.

Your goal when deciding how much to settle for is to settle the case for what a jury in your state might award if you won at trial while considering your chances of winning the case. However, you shouldn’t cling to the settlement you set for yourself.

What are your chances

What are your chances of winning the case at trial? You should assess your chances of winning the trial realistically and objectively. To do this, you should understand and weigh the evidence for and against you, considering the credibility of all the witnesses, including yourself, and have a good sense of what juries in your jurisdiction have awarded in similar trials over the past few years.

Once you file a car accident claim with an insurance company, the claims adjuster goes to work. The adjuster may come up with strategies to elicit comments that unfairly weaken your case. The unfortunate fact is that claims adjusters often try to trip up claimants (especially those without a car accident settlement attorney Atlanta), getting them to say things that will weaken or jeopardize their claim.

Therefore, it is important to strategize ahead of time and develop responses to all potential weak points in your claim to respond with your best argument right away. But if an adjuster points out some facts you hadn’t considered that clearly make your claim weaker, then you may have to lower your figure a bit.

And, if the adjuster starts with an offer at or near your minimum amount, you may want to revise your figure upward.

Once you understand how insurance companies work and what the motivation of the claims adjusters is, you can use that information to your advantage to negotiate the best settlement possible.

Reservation of Rights Letter

Don’t be alarmed or feel intimidated if you receive a “reservation of rights” letter from the insurance company. A reservation of rights letter is provided by an insurance company to an insured party indicating that a claim may not be covered under a policy.

Insurance companies will issue a reservation of rights letter to a policyholder to notify him or her that they are investigating the claim.

This letter does not serve as a notice of an outright denial of a claim. However, the letter only informs you that the insurance company is investigating the claim and therefore, reserves the right to deny the claim if the findings of its investigation show that the accident is not covered under the policy.

The insurance company often issue a reservation of rights letter to protect itself from claims that their policies do not cover. So, the fact that an insurance company has begun settlement negotiation with you does not entitle you to compensation.

Evaluate the First Offer Critically

An insurance adjuster may tactically make an initial offer that is so low just to see if you know what you’re doing and the settlement you want. Or, the offer may be reasonable, but it is just too low.

So, if it’s a reasonable offer, you or your car accident settlement attorney Atlanta can immediately make a counteroffer of an amount that’s a little bit lower than what you requested in your demand letter. This shows you’re being reasonable too, and willing to compromise to make progress in settling your claim.

You might do a little more bargaining, but eventually, you’ll both agree on a final settlement amount.

Seek Justification For A Low Offer

If an adjuster makes an initial offer that is so low, and you clearly find out that it is his/her negotiation tactic to determine whether you really know the value of your claim, then stick to the amount you put in your demand letter. Do not lower the figure immediately.

Instead, first, seek specific reasons from the adjuster as to why he or she made an offer that is so low, and remember to record everything he or she tells you. Then you should write and send a letter responding to every reason the adjuster has provided.

Evaluate the strength of each of the adjuster’s reasons to determine if you need to lower your settlement amount slightly, but wait to see how the adjuster will respond – whether he/she will budge – after receiving your reply before lowering the figure very far.

Ensure you first ask for the adjuster’s response to your reply letter when you speak with him/her next time. At this point, you can expect the adjuster to make a reasonable offer, which you can bargain, and agree on a fair settlement amount. Remember, most personal injury cases settle at some point

Focus on Emotional Points

When you go into these negotiations, you don’t have to go over all the facts of the case again. Just concentrate on the strongest emotional points in your favor and the impact of the car accident on your life – for example, the other party is fully responsible for the accident, that the injury you suffer caused you a lot of pain, that current and future medical expenses were reasonable, and/or that you had permanent or long-term physical effects.

However, mention any emotional points to support your claim. For example, if you had sent the adjuster a severe-looking injury or a particularly strong photo of a smashed car, refer to it. You should also mention that your child suffered because you weren’t able to take care of him/her due to the injury.

While you can’t put a dollar value on emotional distress and “pain and suffering”, these components of an injured person’s losses (“damages”) can go a long way toward getting an insurance company to make a fair settlement offer.

Put the Settlement in Writing 

When you and the claims adjuster finally agree on a settlement, immediately confirm the terms in a letter to the adjuster. This letter can be short and sweet, stating the amount for which you settled, the injuries or damages covered in the settlement, and the date by which you expect to receive the settlement documents from the insurance company.

Bottomline

If you have been involved in a car accident and suffered injuries, you should look for a professional, experienced, reputable, and dedicated car accident settlement attorney Atlanta to help you pursue compensation to recover damages.

More importantly, it is highly advisable to have an attorney negotiate for a settlement with the insurance adjuster on your behalf.

Atlanta Car Accident Settlement Attorney

If you need a reliable, dedicated, and experienced attorney to represent you, contact Bobe & Snell Law Office LLC today. Call us now at (470) 268-5802 or fill out our online contact form to schedule a free, no-obligation consultation today.

Atlanta Car Accident Settlement Attorney

Atlanta Car Accident Settlement Attorney

 

You must demonstrate that the defendant breached the duty of care that he or she owed to the deceased. For example, a driver may have driven while drunk or run a red light. Contact Bobe & Snell Law Office LLC today at (470) 268-5802 If you lost a loved one due to someone else’s negligence, you may be entitled to bring a wrongful death claims Atlanta against the at-fault party.